Hey, postman! Watch where you deliver
You might think, 230 years into our history as a nation, that the courts would long ago have decided such a basic issue as this one: can you sue the post office if you slip and fall on mail left on your front porch? But that question wasn't finally answered until today, when the U.S. Supreme Court said, yes, you can.
The court ruled in favor of a Pennsylvania woman, Barbara Dolan, who tripped over packages left on her porch instead of where her mail was normally dropped off. The fall resulted in serious injury to her wrists and back, so she sued the U.S. Postal Service.
Federal law allows some lawsuits against the federal government, but there are exceptions, and the Postal Service argued that Mrs. Dolan's was blocked by one of them -- barring claims due to the "loss, miscarriage, or negligent transmission of letters or postal matter." After all, the government said, the Postal Service delivers 660 million pieces a day to 142 million addresses and shouldn't be sued whenever a postal customer trips on some of it.
Not so, the court concluded today. That section of the law, the justices said, blocks lawsuits dealing only with a failure to deliver the mail on time, in good condition, and to the right address. Just as the Postal Service can be sued when its delivery trucks cause a traffic accident, so it can be sued in a case like this, the justices ruled.
The court voted 7-1 in favor of Mrs. Dolan. Justice Clarence Thomas dissented, finding that the law blocks lawsuits in a case like this. And the newest justice, Samuel Alito, was not on the court when the case was argued in November and took no part in the decision.
The Postal Service says that it is taking two actions as a result of today's decision:
-- all letter carriers will be reminded of Postal Service policy requiring them to leave packages "in a safe place;"
-- the policy of leaving packages when customers are not home will now be reviewed.
However, a postal official says that, at this point, it is considered unlikely that the review will result in any change in the policy.
Read more from Pete Williams
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We just had a postal increase and those of you who agree that this person should be allowed to sue over this had better be prepared for even higher rates for it is all of us that will pay should she win.
JK, Grand Prairie, TX (Sent Feb 22, 2006 5:41:31 PM)
This by far the most recent abuse of court decisions in a long time. Give me a break. If you are too stupid to look for a package you know will be delivered, you might not have enough sense to be alive.
Billy, Paris, TX (Sent Feb 22, 2006 5:34:52 PM)
The next question is, can you sue the USPS if you get a papercut on the mail they deliver?
Jenn C., Los Angeles, CA (Sent Feb 22, 2006 5:18:39 PM)
Isn't the phrase "Watch where you walk" in this woman's dictionary? In all likelihood she knew the packages were there. I agree. People need to step up and take responsibility for their actions!
Jennifer C, Los Angeles (Sent Feb 22, 2006 5:15:51 PM)
I have seen the results of mail carriers who are sloppy, negligent, and just plain dont care. Such as important mail delivered next door instead of my address because they didn't bother to pay attention to what they are paid to do; deliver mail to the correct address. They also get lazy and just dump packages in the first convienient spot they can find instead of a place that is not in your path but still can be seen by you. They need to be responsible for their actions as well as any one else. Yes there are mail carriers who go out of their way to do their jobs correctly and fortunatly that seems to be the majority of them. So, should the lady have the right to sue? Absolutely! Is she right? Thats for the courts to decide, not you or me. And as for the subject of lawyers and what they charge; now thats a whole 'nother can of worms.
Rich, Grand Rapids, MI (Sent Feb 22, 2006 5:11:25 PM)
All of you that are on her side ar just clumsy, lack common sense and are willing to find anything and everything to get money, by suing. If having your mail delivered to your house is such an inconvenience and dangerous, then pick up your own damn mail at the post office and stop trying to find the dumbest reasons to sue people.
Mr. Post Office (Sent Feb 22, 2006 5:09:16 PM)
For Michael in Pasadena… You forget my friend, we are not given all the facts on purpose. The media loves to see how folks will react, and just as they expected I’m sure, we, both (you and I) have extreme opinions. Don’t you just love it! I don’t think any of us have a major problem with our civil court system accept they have to spend our (yours and mine) money on looking at this. What was the cost? I believe our money could be better spent. Her day in court, should have been at her local court house, and she should be footing the bill. Under those circumstances how many attorney’s would take the case? Again, common sense prevails.
Harold Sykes, Efland, NC. (Sent Feb 22, 2006 5:07:09 PM)
My, my.... Such bitter people. If I were to place some boxes on your porch, and your briefcase, child and or groceries prevented you from seeing the porch you can traverse with your eyes closed you bet your sweet rump you'd sue ME. The post office is no different. And since their policy is to leave a small card in your mailbox (I've gotten several over the years), the carrier created a needless potential danger. We know nothing about the woman, her age, her situation, etc. Of course she deserves her day in court. They will investigate and allow a panel of her peers to decide. These things cannot be decided as a matter of policy. That leaves us all at risk of lazy and/or unconcerned carriers. I'll take the good old American court system. It may not be perfect, but it's the best one around.
Christine G (Sent Feb 22, 2006 5:07:07 PM)
If she ordered something, She should have a box on her porch to accomadate the items she ordered. It would have solved the Post Office decision on where to place the items, and she would have know where the items were placed.
Mike, Algoma, WI (Sent Feb 22, 2006 5:04:03 PM)
What if she is old and can't see very well? What if she had a bag of groceries in her arm? What if it was dark and her porch light happend to be out? My porch light is not turned on unless I am home to turn it on...what if she came home in the dark? Or what if..... what if???? Some of you are too quick to judge, they are many valid reasons why she could have not seen the pkgs!
Cindy, Greenfield, In (Sent Feb 22, 2006 5:00:47 PM)
We need tort reform like the British. If she loses, the government should charge her for all court costs...including the lawyers!
Larry Madison, Blairsville, GA (Sent Feb 22, 2006 4:54:01 PM)
It amazes me how quickly some people "assume facts not in evidence". The story reports very few facts about the incident, yet many postings go off on tangents after making assumptions about what happened and why. It does report that the Supreme Court agreed that a jury should have a chance to hear the facts and render a decision on liability. And I agree that the USPS should be held to the same standard as any and all other delivery companies, and should not be allowed immunity. If it's a frivolous lawsuit, she won't prevail. And it won't be your tax dollars defending it, nor paying any award.
Donald Fry (Sent Feb 22, 2006 4:38:55 PM)
Great point by Brad -- this ruling was just on whether the postal service can be sued for things like this. She still has to win the suit!
And Jeff in Minneapolis, you CAN (and should) sue if you get hurt on someone's unshoveled sidewalk. Keeping sidewalks on and adjacent to one's home is the responsibility of the homeowner.
Jim L., Bethesda, MD (Sent Feb 22, 2006 4:34:11 PM)
I Think this lady is trying to make a quick buck off the government. So what if she fell or tripped over a rock. A natural element. Who is she going to sue GOD?? Whats next.. Clearly she wasn't paying attention. When something bad happens to someone due to their own stupidity , The TRUTH usually HURTS for most poeople but it's easier to put their own falts/stupidity errors on someone else's for their own self assurance of validating "THEY CAN'T HANDLE THE TRUTH"
Miss Jimenez Tucson, AZ (Sent Feb 22, 2006 4:30:26 PM)
Okay, lets look at the other Possibility can she sue the sender for having the packages sent by U.S. Postal Service and not by a safer delivery sevice. I hope they through this one way out. If she wins we will all have to drive to the post office to pick up anything that doesn't fit in the mail box. I say on her delivery they drop them off by the road and make the box not a step.
D Bass (Sent Feb 22, 2006 4:30:04 PM)
Michael in Pasadena....obviously the package wouldn't fit in her mailbox. How many letters do you get left on your step? When the elevator door opens don't you look where you're stepping or do you just take the leap?
rick, colorado (Sent Feb 22, 2006 4:25:21 PM)
I want to thank the USPS for leaving packages on my porch. If the different delievery services didn't leave packages when I'm not home I would be out of business and you folks would need to support me. The problem with this law suit is the cost of defending the USPS. The price of stamps will be increased to fight it no mater who wins we lose.
The USPS left a box at my home between the storm door and the house door, which left the storm door slightly ajar. During the last storm the door blew open breaking the door. I'm not blaming the USPS, I'm taking the blame because I did not have a box on my porch for packages to be left in when I'm not at home. At my home in FL I have a box which any of the delievery services can leave packages out of the weather and I take full responsabily like we all should. It is 18 miles to the post office in FL and I'm only in TN every two months or so. Be prepared that is what you would have learned if you were a scout. Take responsability is what you would have learned if you are an adu
Mike, Lake City, FL (Sent Feb 22, 2006 4:24:22 PM)
Is this lady related to the one who sued McDonalds for spilling coffee on herself & Does she expect her mail to ever show up again Duh!
Steve, Iowa (Sent Feb 22, 2006 4:13:27 PM)
This woman deserves her day in court. All these conclusionary posters don't know the detailed facts of what happened to her. I tink the postal worker was not smart in leaving those items on her front steps when the proper place for them is clearly in HER MAILBOX. This is called NEGLIGENCE. If you have a problem with our civil court system, as many of you apparently do, move to another country and see how fair justice is there in comparison. It's not.
I also notice that everyone seems to whine about attorneys, that is, until they need one themselves.
Michael, Pasadena, California (Sent Feb 22, 2006 4:10:28 PM)
And her postal delivery person probably thought they were doing her a favor.
Angela, Bothell, WA (Sent Feb 22, 2006 4:04:17 PM)
If she didnt order anything in the first place she wouldnt have tripped over it.
maybe next time she will walk with here eyes OPEN.
A. Baghdad, Iraq (Sent Feb 22, 2006 4:00:52 PM)
Gary Berman...
this has nothing to do with the USPS... Please install a traffic mirror by your garage... the next time that maybe a child or pet instead of a package. Thank You.
Benn (Sent Feb 22, 2006 3:59:36 PM)
I wonder if the woman is blind or physically handicapped, making packages left on her front porch a danger.
Diana, Florida (Sent Feb 22, 2006 3:59:23 PM)
Joe B needs to rethink his statement- discrimination against the blind is illegal, not to mention immoral. The PO is a business. They have to reasonably accomodate too. Here's a few examples of people who might not see a package placed in an unfamiliar place unexpectedly: Anyone juggling a child/a disabled person with limited or impaired vision/someone in a terrible hurry/person in a neckbrace or physically disabled/elderly with limited mobility.
News flash everyone: the PO has a system- leave a card, you pick up your package. They are not supposed to leave mail outside of the designated box. Stop being lazy and follow the rules. The fact is, the mail-person probably didn't want to have to take the extra time to fill out the paperwork and take the package back to the branch.
Lazy lazy lazy.
Me again. (Sent Feb 22, 2006 3:53:15 PM)
My husband and I live in the country and work in the city. Our carrier leaves packages on the porch all the time, but usually puts them behind a planter. The package is then protected from thieves and the elements. The carrier also leaves a note in our mailbox, so we know to look for the package. It's all just common sense, a scarce commodity in America today.
Joyce L (Sent Feb 22, 2006 3:48:15 PM)
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